LOUISIANA BAR EXAM - CRIMINAL LAW
Simple Robbery - Answers - (1) taking anything of value
(2) from person/immediate control
(3) using force or intimidation (no weapon)
*Control: Victim must have been close enough that he could have stopped the taking if
not for the threat or use of force.
*Force does not include pick pocketing/purse snatching (a theft).
*Force or intimidation may be used in completing the crime (e.g., to effectuate escape).
First Degree Robbery - Answers - (1) - (3) Simple Robbery
+
(4) Leads victim to reasonably believe armed with dangerous weapon
Second Degree Robbery - Answers - (1) - (3) Simple Robbery
+
(4) specific intent to cause serious bodily injury
(5) victim suffered serious bodily injury
Armed Robbery - Answers - (1)-(3) Simple Robbery
+
(4) Armed with Dangerous Weapon
Carjacking* - Answers - (1) intentional taking of a motor vehicle
(2) belonging to another person
(3) in the presence of a person or passenger with lawful possession
(4) by force or intimidation.
Extortion - Answers - (1) Communication of threats,
(2) to another/family members/close friends,
(3) to unlawfully injure the person/property, accuse of crime, expose/impute
deformity/disgrace, expose a secret, or do any other harm,
(4) with the intention to obtain anything of value, some advantage, or immunity.
NOTES
- Need not actually obtain something from victim.
- No defense for seeking to obtain property under "claim of right."
Simple Battery - Answers - (1) intentional use of force or violence OR admin. of noxious
substance
(2) without victim's consent
Second Degree Battery - Answers - (1) - (2) Simple Battery
+
(3) specific intent to cause serious bodily injury
, (4) victim suffered serious injury
Aggravated Battery - Answers - (1) - (2) Simple Battery
+
(3) used dangerous weapon
Aggravated Second Degree Battery* - Answers - (1) - (3) Aggravated Battery
+
(4) specific intent to cause serious bodily injury
(5) victim suffered serious injury
e.g., fleeing burglar throws vehicle occupant out of the car while moving (suffering
serious injury).
Misc. batteries - Answers - - police officer
- school teacher
- referee
- correctional officer
- bus operator
- child welfare worker
- infirm
- domestic abuse battery
Negligent injuring - Answers - Generally
- Inflicting injury by criminal negligence.
Specialized
- Animal handling
- Vehicular (drugs/alcohol + injury)
- 1st deg. vehicular (drugs/alcohol + SBI)
Simple Assault - Answers - EITHER:
- Attempted battery (w/out dangerous weapon)
OR
- Intentional placing of victim in reasonable apprehension of battery
*Helpful to think of these as two separate crimes.
Aggravated Assault - Answers - (1) Assault (attempted battery OR reas. apprehension)
(2) Use of a dangerous weapon
Aggravated Assault with a Firearm - Answers - (1) Aggravated assault
(2) With firearm (whether discharged or not)
Aggravated Assault with a Firearm (on peace officer) - Answers - (1) Aggravated assault
(2) With firearm (whether discharged or not)
Simple Robbery - Answers - (1) taking anything of value
(2) from person/immediate control
(3) using force or intimidation (no weapon)
*Control: Victim must have been close enough that he could have stopped the taking if
not for the threat or use of force.
*Force does not include pick pocketing/purse snatching (a theft).
*Force or intimidation may be used in completing the crime (e.g., to effectuate escape).
First Degree Robbery - Answers - (1) - (3) Simple Robbery
+
(4) Leads victim to reasonably believe armed with dangerous weapon
Second Degree Robbery - Answers - (1) - (3) Simple Robbery
+
(4) specific intent to cause serious bodily injury
(5) victim suffered serious bodily injury
Armed Robbery - Answers - (1)-(3) Simple Robbery
+
(4) Armed with Dangerous Weapon
Carjacking* - Answers - (1) intentional taking of a motor vehicle
(2) belonging to another person
(3) in the presence of a person or passenger with lawful possession
(4) by force or intimidation.
Extortion - Answers - (1) Communication of threats,
(2) to another/family members/close friends,
(3) to unlawfully injure the person/property, accuse of crime, expose/impute
deformity/disgrace, expose a secret, or do any other harm,
(4) with the intention to obtain anything of value, some advantage, or immunity.
NOTES
- Need not actually obtain something from victim.
- No defense for seeking to obtain property under "claim of right."
Simple Battery - Answers - (1) intentional use of force or violence OR admin. of noxious
substance
(2) without victim's consent
Second Degree Battery - Answers - (1) - (2) Simple Battery
+
(3) specific intent to cause serious bodily injury
, (4) victim suffered serious injury
Aggravated Battery - Answers - (1) - (2) Simple Battery
+
(3) used dangerous weapon
Aggravated Second Degree Battery* - Answers - (1) - (3) Aggravated Battery
+
(4) specific intent to cause serious bodily injury
(5) victim suffered serious injury
e.g., fleeing burglar throws vehicle occupant out of the car while moving (suffering
serious injury).
Misc. batteries - Answers - - police officer
- school teacher
- referee
- correctional officer
- bus operator
- child welfare worker
- infirm
- domestic abuse battery
Negligent injuring - Answers - Generally
- Inflicting injury by criminal negligence.
Specialized
- Animal handling
- Vehicular (drugs/alcohol + injury)
- 1st deg. vehicular (drugs/alcohol + SBI)
Simple Assault - Answers - EITHER:
- Attempted battery (w/out dangerous weapon)
OR
- Intentional placing of victim in reasonable apprehension of battery
*Helpful to think of these as two separate crimes.
Aggravated Assault - Answers - (1) Assault (attempted battery OR reas. apprehension)
(2) Use of a dangerous weapon
Aggravated Assault with a Firearm - Answers - (1) Aggravated assault
(2) With firearm (whether discharged or not)
Aggravated Assault with a Firearm (on peace officer) - Answers - (1) Aggravated assault
(2) With firearm (whether discharged or not)
